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1999 (9) TMI 947

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..... of charas weighing 7 kgs. and 419 grams without any licence or permit. 2. Various contentions regarding nonobservance of mandatory requirements of different provisions of the NDPS Act were raised before the trial Court but it found no substance in them and held that all those provisions were complied with in this case. The trial Court also found that the prosecution evidence could safely be re .....

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..... he appeal summarily. 4. What is contended by the learned Counsel for the appellant is that the appellants were not informed of their right under Section 50 of the NDPS Act that they were entitled to be examined in presence of a Gazetted Officer or a Magistrate and, therefore, the search of the appellants was illegal and the evidence regarding recovery of charas from their possession could not h .....

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..... e seal which was found on the packet received by the Forensic Scientific Laboratory for analysis. There is no substance in this contention. The seal which was affixed on the seized articles, as stated by PSI Chavda in his evidence, was of Police Inspector, Sabarmati. The seal on the packet which was received by the Forensic Scientific Laboratory read Police Inspector, Sabarmati, Ahmedabad City . .....

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..... influence of Ram Swarup Das or there was any reason for them to oblige Ram Swarup Das by falsely implicating the appellants. It is also not believable that at the instance of Ram Swarup Das the Police had planted such a big quantity of charas worth ₹ 85,000/- to falsely implicate the appellants. 8. As we do not find any substance in this appeal the same is accordingly dismissed. - - T .....

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